Daily Republican., 1887-07-22
CITY COUNCIL.

Tho Fort Wayne Electric Light Com.
pany komonstrates--Opinio OF tho
City solicitor on the Street anu sewor
Commission.
City Council met In rsgul sr session
last evening with President Eckei in
the chair. The roll VIII, called and the
minutes OF the las: meeting read aud
approved.
The Finance Commit ittes reported that
they had examined the accounts Of j
Frank Ball, late city aud Tor, and found
tn stn correct.
The city treasurer reported balance
Of 6y0, ,746 08 in the Union National
927. .04 to the credit OF the park fund.
He also reported having received the
following amounts: Tax Receiver
Mssley, $23. 100; Tax Rece.v yer Moody,
S29, ,739; Ex Tax Receiver Kane, $3.50;
Chief OF Police Doughersy, $l53; Water
Com mmissioners, IS 13) for interest on
loans TIE City Auditor reported that
he had received oheok for $500 "a on
| accouot Of prooseds from sale OF sand |
lot. 1t was accompanied by q state
ment showing that the fnli amount
realized from the sale was $s,613 33, Of
which only percentage was paid.
A communication was received from
Patrick Neary aud John Dickey stat.
ing that they have purchased the prop.
erty at Twelfth and French streets, and
asking that lien, amounting to SAG for
macadamizing, be satisfied on the
record. The matte: was referred to the
Finance Committee.
A ommunication WAS received from
@. Brooks Foster. stating that his dog
pound in sonth Wilmington was broken
open on the night OF June 22nd and 23
dogs released.
The comm municatio was accompanied
by An affidavit. properly sworn 10, and
1t also asked that Council allow him
something for catching this dogs which
were released.
Mr.. Forrest moved tha. hs be allowed
$40, when Mr.. Norton said that in his
opinion, II he was entitled to $40, he
be paid all or none.
Mr.. Qainn agreed with Mr.. Norton,
but did no: think he should be paid
anything. The law provides that he
!, shall receive one dollar for every dog
| that he kills, and as he did not kill
these dogs he was not entitled to the
!, pay. II Council should decide to give
, him anything 1t must be as o donation,
which they are not allowed to make.
Mr.. Norton said that when he first
heard that the pound had been broken
open he did not believs Il, bat few
: days after wards girl came to his door,
and in talking about catching dogs said
! that she heard John Clifford say that he
!. had let the dogs 60 to get eysn with
!. Foster for discharging him.
y At this point Mr.. Forrest moved that
: : the further consideration OF the matter
; be indefinitely postponed, and the mo-
!, tion was adopted.
o A communication was received from
!; the Fort Wayne Jenny Elecsric Light
" Company asking why the ordinance
granting them certain franchises in thil
city had been repealed, and stating that
they had contracted for poles and lamps
~ y which they propt sed to erect in thi'
v city during the coming fall for the Dur
x pose of supplying . nsupsrior light. They
- asked that the action taken one wsel
u u ago be rescinded, and that they be per
10 mitted to proceed with the work.
is Mr.. Chambers moved that tie com
~ y municaticn be returned to the compap,
a' without sction Of Council.
Mr.. Taylor did not think that wonlt
w. be the proper thing to do, as he was op
=. =, posed to acting discourteous toward an.
Il one. He thought 1t would ba well t
E6I6T Lu5 LAhJtcI w Lnc Law
10 Mr.. Chambe said that when thi
!. company petitiored fer the right t
!. erect poles and wires ip this city th
= petition was referred to the Street Com
- IN ttee, who reported in favor of tn
ordinance teing prepared, stipulatin
.. that the company should commenc
~ work within sixty days, and complet
" VI it within threa months, but whoave
20 drew mp the ordinance left that pal
W out. He had learned and has ever
y, reason to believe that 1t Is the intentio
'A of tt Is company to sell this right whic
had been ceded to them, and he did N
believe they ever intended to erect
~ single pole in this city.
w Mr Taylor did not think Council b,
o anything to do with this matter, rs a
90 their power over the streets of the cit
from building line to building line hay
"a Sewer Commission. As the control {
~ ~ the streets, and all pertaining to theI
y passed to the commission July l, /
~ did not think the action OF Council
repeating the ordinance was legal.
=. A vote was then taken On hi
az Chambers motion and It was carried
~ Mr.. Hawkins offered resolutio
NJ that the Finance Committee be il
strucs ted to call on the tax collectors
settle for the years 1888 and 1884, bu
the motion to ad opt 1t was lost
"A An opinio from the City Solicit
no on the duties and po wers of the Sire
III, and Sewer Commission was p-esente
and read by the clerk. IL recites Il
rights, powers AMI jurisd iction forme
~ ly exercised by Council over tho street
ce lanes and alleys OF this city, and the
N quotes from the bill creating the Con
IN nission, whlch invests 1t with "tf
power and authority Of extending an
widening streets, squares, lanes, etc
&C. the laying out of new streets, the pa
tie. ing Of beds of streets, The paving an
curbipg of footways and cutters, th
proper lighting OF said streets and rigl
as to provide for thin. (this, he says,
ot, as much right and duty imposed upe
'el. said directors, by said sot, as the pa
ing of beds OF sLrsets), the removal
ashes, dust and rubbish inciden tai
house keeping, the leasing of wharyes
,ht the foot of streets, the control OF u
isa curbstone markets, the control OF th
booths and stands erected on the sid
walks, and the control of all matte
appertainipg to the streets and sewers
be According to his opinion all mon,
roh due or becoming due from these sourc
j. must be deposited to the credit of t
commission. The Second street mark,
however, is declared to be still u nder &C
ng troll OF Council, not being part
ip- Second street, but given originally for
market house, and always used for th
purpose.
The opinion also holds that the matt
ns' OF removing garbage still continues in I
. control of the Board of Health, and tn